QUESTION

Can I get my rent deposit back legally if I did not sign any contract?

Asked on Aug 23rd, 2012 on Landlord and Tenant Law - New York
More details to this question:
A co-worker purchased a house to renovate and my family and I were going to rent it from her. One week before the move in date, we decided that the neighbourhood was not safe and she would have had to walk over a mile to get home from school.
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7 ANSWERS

On one hand, all real estate contracts in Michigan have to be in writing, so there was no firm lease between you and your coworker. On the other hand, your coworker could have rented to someone else and now has to spend time and money finding a tenant while the house sits unoccupied, meaning she has actual damages due to your decision. So, while you are not responsible for a lease, I would put your odds of successfully suing for the return of your deposit at less than 50%.
Answered on Aug 30th, 2012 at 5:13 PM

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If no contract was signed, it will depend upon what the deposit is classified as. If it is earnest money or a processing fee, the landlord owns it. If it was a security deposit of some sort, the landlord cannot take that if you choose to back out before a contract was signed. That said, be sure that you didn't have a verbal contract to rent the property.
Answered on Aug 25th, 2012 at 2:11 AM

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Dennis P. Mikko
If there was no contract and you did not move in, you should get your security deposit back. If the Security Deposit Act was not complied with and the landlord refuses to return your deposit, the penalty is you could get up to twice your security deposit back. You may have to file a small claims action to recover if it is not paid voluntarily.
Answered on Aug 25th, 2012 at 2:11 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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The landlord cannot enforce an oral contract for a rental. They must return the money or you will have to sue them in small claims court.
Answered on Aug 25th, 2012 at 2:10 AM

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Lisa Hurtado McDonnell
If you didn't sign a contract, then your discussion with landlord is controlling. Deposit are to generally it hold the property so the landlord won't rent it to someone else. Deposit are generally used as to pay for damages done to the property or to clean the property if you left it unclean or to apply to any unpaid rent. The landlord does have an obligation to mitigate damages ( re-rent the property as soon as possible) and the landlord may be willing to prorate the deposit if they are able to get it rent again soon and they did not lose any rent in the process. However, If you only gave them a week notice, they may have lost a months rent and they could kept the deposit for damages (lost of rent).
Answered on Aug 25th, 2012 at 2:10 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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They are entitled to damages for your breach of the verbal contract.
Answered on Aug 25th, 2012 at 2:09 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Tough question.. From the landlord's point of viewYou can legally enter into a verbal month to month lease and you confirmed it in writing by giving a deposit ..For a month to month lease you must give 30 days notice .. but you only gave 7 days notice. so arguably you are liable for 1 months rent.Therefore, any excess deposit over 1 months rent should be returned.
Answered on Aug 25th, 2012 at 2:09 AM

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